Judiciary & Legal, Issues etc.

Total Questions: 62

51. Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination? [2020-1]

Correct Answer: (d) Right to equality
Solution:Following fundamental rights are related to "Equality":
  • Article 14 Equality before law
  • Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth
  • Article 16→ Equality of opportunity in matters of public employment
  • Article 17 Abolition of untouchability
  • Article 18 Abolition of titles

52. In India, Legal Services Authorities provide free legal services to which of the following type of citizens? [2020-1]

1. Person with an annual income of less than Rs. 1,00,000

2. Transgender with an annual income of less than Rs. 2,00,000

3. Member of Other Backward Classes (OBC) with an annual income of less than Rs. 3,00,000

4. All Senior Citizens

Select the correct answer using the code given below:

Correct Answer: (a) 1 & 2 only
Solution:AS per the official page of NALSA: senior citizens eligible depending on income. So, #4 "ALL senior citizens eligible" is wrong. b and d eliminated.

As per the Legal Services Authority Act, 1987 → There is no provision of free legal aid for OBCs. (This eliminates the 3rd Statement) So, answer a: 1 and 2 only.
About National Legal Service Authority (NALSA)

  • NALSA has been constituted under the Legal Services Authorities Act, 1987, to provide free legal services to the weaker sections of society and to organize Lok Adalats for amicable settlement of disputes.
  • The prime objective of NALSA is the speedy disposal of cases and reducing the burden on the judiciary.
  • The Chief Justice of India is the patron-in-chief of NALSA, while the second senior most judge of the Supreme Court of India is the Executive Chairman.
  • It is housed at the Supreme Court of India, New Delhi.
  • In every State, a State Legal Services Authority and in every High Court, a High Court Legal Services Committee has been constituted.
  • District Legal Services Authorities and Taluk Legal Services Committees have been constituted in the Districts and most of the Taluks to give effect to the policies and directions of the NALSA, and to provide free legal services to the people, and conduct Lok Adalats in the State.
  • NALSA, through the State Legal Services Authorities, also conducts legal literacy programmes.

53. What is the position of the Right to Property in India? [2021-1]

Correct Answer: (b) Legal right available to any person
Solution:Originally, the right to property was one of the seven fundamental rights under Part III of the Constitution.

The 44th Amendment Act of 1978 abolished the right to property as a Fundamental

Right by repealing Article 19(1) (f) and Article 31 from Part III.

The Act inserted a new Article 300A in Part XII under the heading 'Right to Property'. It provides that no person shall be deprived of his property except by authority of law. → the right to property remains a legal right or a constitutional right, though no longer a fundamental right. It is not a part of the basic structure of the Constitution.

54. With reference to India, consider the following statements: [2021-1]

1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.

2. State Governments have their own Prisoners Release on Parole Rules.

Which of the statements given above is/are correct?

Correct Answer: (b) 2 only
Solution:The provision of Parole is not a right of any convicted prisoner. It is a privilege Hence,
Statement 1 is incorrect.

"Prison and Persons detained" is a state subject of the 7th schedule. So States do

Have separate prison/parole rules because. Accordingly. statement 2 is correct.

55. 'Right to Privacy' is protected under which Article of the constitution of India? [2021-1]

Correct Answer: (c) Article 21.
Solution:In Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors - landmark judgment of the Supreme Court of India, held that the right to privacy is protected as a fundamental right under Articles 14, 19 and 21 of the Constitution of India.

Right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution

56. With reference to India, consider the following statements: [2022-1]

1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.

2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.

Which of the statements given above is/are correct?

Correct Answer: (b) 2 only
Solution:Statement 1 is wrong: Advocates are the only recognized class of persons entitled to Practice the profession of Law. Legal firms are not recognized as advocates. Statement 2 is correct: The Bar Council of India regulates the law education in India.

About Bar Council of India

  • It is a statutory body created by Parliament to regulate and represent the Indian bar.
  • It was established under the Advocates Act, 1961, based on the recommendations of the All India Bar Committee.
  • Its main objective is safeguarding the rights, interests, and privileges of advocates throughout India.

57. With reference to the writs issued by the Courts in India, consider the following statements: [2022-1]

1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.

2. Mandamus will not lie against a Company even though it may be a Government Company.

3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.

Which of the statements given above are correct?

Correct Answer: (d) 1, 2 and 3
Solution:In India there has been absolutely no doubt that mandamus goes to all government departments and also local authorities like municipalities. Moreover, without any dispute or controversy the Supreme Court has been issuing mandamus to statutory bodies. Thus in Mafatlal Vs. Divisional Controller, State Road Transport Corporation, the court issued mandamus to the State Road Transport Corporation for wrongful dismissal of an employee. Similarly, the writ was issued against the Life Insurance Corporation in Life Insurance Corporation Vs. Sunil Kumar. Hence, it becomes clear from above explanation that Mandamus will issue against even government company too. Therefore, statement 2 is incorrect. But as per UPSC answer is d.Statement 3 is correct Quo Warranto is a writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised. Any public minded person can file this petition.

58. In India, which one of the following compiles information on industrial disputes, closures, retrenchments and lay-offs in factories employing workers? [2022-1]

Correct Answer: (c) Labour Bureau
Solution:This matter falls under the purview of the labour bureau. Option (c) is correct.
  • Labour Bureau, established in 1920, is an attached office under the Ministry of Labour & Employment and is responsible for the collection, collation and dissemination of labour, employment and price statistics.
  • Besides, it is also a major source of primary data pertaining to several important economic indicators.
  • These include the Consumer Price Index Numbers for Industrial Workers, Agricultural and Rural Labourers, Wage Rate Indices, wages, earnings, absenteeism, labour turnover, industrial relations, socio-economic conditions of workers in the organized and unorganized sectors of industry, etc.
  • The Bureau also collects administrative statistics under the 11 Labour Acts. With the formulation of the four Labour Codes, the Bureau is also proposed to be designated as the nodal agency for collection of statistical returns under all the four Labour Codes.

59. In India, what is the role of the Coal Controller's Organization (CCO)? [2022-1]

1. CCO is the major source of Coal Statistics in Government of India.

2. It monitors progress of development of Captive Coal/Lignite blocks.

3. It hears any objection to the Government's notification relating to acquisition of coal-bearing areas.

4. It ensures that coal mining companies deliver the coal to end users in the prescribed time.

Select the correct answer using the code given below :

Correct Answer: (a) 1, 2 and 3
Solution:Statement 4 is wrong: Coal Controller's Organization (CCO) does not ensures that coal mining companies deliver the coal to end users in the prescribed time. (b) and (d) eliminated. [MP2] Statement 3 is correct: Under this act, the Coal Controller has the jurisdiction to hear any objections to the Central Government's Notification relating to the acquisition of coal-bearing land and to report to the Central Government. Therefore by elimination the answer is (a).

60. In essence, what does 'Due Process of Law' mean? [2023-1]

Correct Answer: (a) The principle of natural justice
Solution:With the introduction of the concept of substantive and procedural due process in Article 21 of the Constitution all that fairness which is included in the principles of natural justice can be read into Article-21 when a person is deprived of his life and personal liberty In other areas it is Article - 14 which incorporates the principles of natural justice.

Article-14 applies not only to discriminatory class legislation on but also to arbitrary or discriminatory State action. Because violation of natural justice results in arbitrariness therefore violation of natural justice is violation of Equality Clause of Article - 14.

Therefore, now the principle of natural justice cannot be wholly disregarded by law because this would violate the fundamental rights guaranteed by Articles - 14 and 21 of the Constitution. (Source: https://nios.ac.in/Introduction_To_Law)